Child injury laws are a series of statutes that Congress and each state has passed to criminalize the mistreatment of children and allows those children who have been victims of abuse and/or mistreatment to receive compensation in civil court.
Child injury laws are complex and involve both criminal and civil statutes:
Federal Child Injury Laws
In 1974, Congress passed CAPTA, or the Child Abuse Prevention and Treatment Act, that extensively regulates issues of child abuse and injuries. CAPTA focuses on the ethical treatment of children and keeping them safe from all kinds of abuse, including physical, sexual, mental, and all other forms of abuse that could injure a child.
State Criminal Child Injury Laws
States criminalize and prosecute similar types of child abuse as is recognized under Federal guidelines. The guidelines for child injury are broad and include:
- Damage or risk to a child’s physical, sexual, mental, or general welfare.
- The injury occurred to a child under the age of 18.
- The injury was committed by someone who was in charge of caring for the child.
It is important to note that actual abuse does not have to occur, instead there need only be a threat or risk of abuse occurring. Also, the threat of abuse must be intentional or an act of negligence or carelessness, however random acts of abuse are typically not prosecuted.
Illinois requires those professionals that work with children, such as medical personnel, school personnel, members of the clergy, law enforcement, social services, and childcare personnel to report any suspicion of child abuse as court mandated reporters.
State Civil Child Injury Laws
Child victims of child abuse and injury are granted the right to receive compensation for their damages in a court of law. This typically involves proving negligence and includes demonstrating the following:
- Duty of care-The defendant owed the child a duty to provide reasonably safe care to the child;
- Breach of duty-The defendant breached this duty;
- Causation-The breach of duty caused injuries and damages to the child;
- Damages-The child suffered compensable damages due to the breach of duty.
These cases can include medical malpractice, negligence, battery, assault, and intentional infliction of emotional distress, to name a few and damages that can be awarded will vary with the specifics of each individual claim.
Statute of Limitations
A statute of limitations is a time period in which the injured person must file a lawsuit or else they will lose their right to recover damages. In Illinois, children typically have two (2) years after their 18th birthday (so until they turn 20 years old) for personal injury cases. For medical malpractice claims, a lawsuit must be filed within eight (8) years of the injury or before the child turns 22 years old.
Under new legislation signed into Illinois law in 2017, children who are the victim of sexual assault or sexual abuse may file a claim at any time; there is no longer a statute of limitations of 20 years after the child turns 18 years old.
Criminal vs. Civil Punishment
There are distinct differences between criminal and civil punishment. Criminal convictions come with the loss of freedom (prison), as well as public branding as a criminal. The repercussions can last long after being freed and can hamper the guilty party’s ability to find gainful employment, housing, etc.
Civil punishment labels a guilty party as negligent for causing injuries to another person. A civil judgment does not usually come with the same disapproval as a criminal conviction, but in Illinois, child injuries can fall under both criminal and civil jurisdictions.
Child injuries can be serious and life-altering. If your child suffered an injury, an experienced personal injury lawyer can review your case and determine who may be liable for their damages and what compensation they may be entitled to.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at America’s Consumer Lawyer, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.
